Agricultural smugglers to face stiffer penalties

MANILA, Philippines – Illegal importers of agricultural products in the country will face stiff penalties when the Department of Finance approves the implementing rules and regulations (IRR) of Republic Act 10845 or the Anti-Agricultural Smuggling Act of 2016.

The Bureau of Customs (BOC) has submitted the draft IRR to the DOF for review. The IRR provide guidelines in identifying large-scale agricultural smuggling of raw or preserved sugar, corn, pork, poultry, onions, garlic, carrots, fish, and cruciferous vegetables like arugula, brocolli, cabbage, and cauliflower, among others.

For rice, large-scale smuggling involves importations with a fair market value of P1 million to 10 million.

Once the IRR is approved, convicted smugglers will face a maximum penalty of life imprisonment plus a fine of twice the value of the smuggled items and their tax dues.

Local operators will be penalized with permanent disqualification from importing, while foreigners will be deported. Meanwhile, public officials involved will be criminally liable and will face dismissal from service. Illegally imported agricultural products will go to the government.

RA 10845 specifies the coverage of large-scale agricultural smuggling:

• importing goods to the Philippines without permit 
• unauthorized use of import permits 
• use of fake permits or falsified documents 
• allowing, leasing or selling use of permits 
• use of dummy corporations in acquiring permits 
• tax evasion 
• transporting or storing the agricultural product tantamount to economic sabotage. Economic sabotage refers to “any act or activity which undermines, weakens or renders into disrepute the economic system or viability of the country.” RA 10845 says these “include, among others, price manipulation to the prejudice of the public especially in the sale of basic necessities and prime commodities.”
• being a broker of a violator

The law aims to protect farmers from dubious traders and importers who have caused as much as P60 billion to 80 billion in revenue losses in the country’s agriculture industry. – Rappler.com